Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49785 of 2021 Applicant :- Amit Gihar Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Arvind Kumar learned counsel for the applicant and Shri I.P. Srivastava, learned AGA for the State.
A first information report was lodged as Case Crime No.0216 of 2021 at Police Station-Talgram District-Kannuj under Section 394 IPC.
The bail application of the applicant was rejected by learned Special Judge (D.A.A Act)/Additional Sessions Judge, Kannuj on 30.10.2021.
The applicant is in jail since 03.09.2021, pursuant to the said F.I.R.
Shri Arvind Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. FIR was lodged 1 day after the alleged incident. The unexplained delay in the FIR shows that the applicant was implicated as an afterthought. The applicant was named by a co-accused in a statement given to the police authorities. The aforesaid statement is not reliable. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the same has no bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned AGA could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA points out that criminal history of six cases under the Excise Act and Gangster Act has not been disclosed in the bail application. Rejoining the issue, learned counsel for the applicant contends that the aforesaid case has no bearing on the instant case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Amit Gihar involved in Case Crime No.216 of 2021 at Police Station-Talgram District-Kannuj under Sections 394, 411 IPC, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.12.2021 Nadeem